| Case ID |
08a0b7a3-bd4a-4eae-88ae-51cda46a1b66 |
| Body |
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| Case Number |
Civil Appeal No.1911 of 2000 |
| Decision Date |
Apr 27, 2005 |
| Hearing Date |
Feb 21, 2005 |
| Decision |
The Supreme Court dismissed the appeal, affirming that the pre-emption suit was time-barred due to the delay in filing beyond the stipulated 120 days under the applicable laws. The Court clarified that the North-West Frontier Province Pre-emption Act, 1987 governed the case since it was enacted prior to the suit being filed, and emphasized that the right of pre-emption must be exercised without unnecessary delay. The Court referenced previous rulings that established the un-Islamic nature of earlier legislation and reinforced the need for adherence to Islamic principles regarding the timing of legal actions. |
| Summary |
This case revolves around the application of the North-West Frontier Province Pre-emption Act, specifically the limitation period for filing a pre-emption suit. The Supreme Court of Pakistan evaluated whether the suit filed by the appellant was timely, given that the sale occurred on December 3, 1992, and the suit was filed on April 8, 1993. The Court upheld the dismissal of the suit as time-barred, highlighting that the limitation period under the applicable law was 120 days, and any suit filed beyond this period would be considered barred by time. The decision reinforces the principles of Islamic law, which dictate that the right of pre-emption should be exercised promptly, and it underscores the importance of adhering to legislative frameworks that align with these principles. The ruling also cites previous cases that have shaped the interpretation of pre-emption laws in the region, ensuring that legal practitioners understand the implications of delay in such suits. This case is significant for advocates and legal scholars focusing on property law, pre-emption rights, and the intersection of statutory law and Islamic jurisprudence. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
HAMID ALI MIRZA,
MUHAMMAD NAWAZ ABBASI
|
| Lawyers |
Abdul Samad Khan, Advocate Supreme Court
|
| Petitioners |
SHERZADA
|
| Respondents |
2 others,
Mian SHAMAS TABREZ
|
| Citations |
2005 SLD 1328,
2005 SCMR 1208
|
| Other Citations |
Government of N.W.F.P. v. Malik Said Kamal Shah PLD 1986 SC 360,
Muhammad Ismail Qureshi v. Government of N.W.F.P. 1992 PSC 75
|
| Laws Involved |
North-West Frontier Province Pre-emption Act
|
| Sections |
31,
30,
185(3)
|